Gibson v. Romanowski

ORDER REQUIRING RESPONDENT TO SERVE A COMPLETE ANSWER ON PETITIONER AND GRANTING PETITIONER AN EXTENSION OF TIME TO FILE A TRAVERSE OR REPLY BRIEF TO THE RESPONDENT'S ANSWER

GEORGE CARAM STEEH, District Judge.

Hamza Gibson, ("Petitioner"), presently confined at the Chippewa Correctional Facility in Kincheloe, Michigan, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent was ordered to file an answer. On March 23, 2015, respondent filed an answer to the petition and sent a copy to petitioner.

Petitioner has sent a letter to this Court, indicating that the copy of the answer that he received from respondent contained only the odd numbered pages. Petitioner has also provided the Court with a copy of the answer that he claims he received from respondent, which only includes odd numbered pages. Petitioner asks this Court to order respondent to provide a complete copy of the answer to petitioner. Petitioner also asks for an extension of time to file a reply to the respondent's answer once he receives a complete copy.

A state is procedurally required under the general rules of Federal Civil Procedure to serve a habeas petitioner with its answer to a petition for habeas corpus. See Rodriguez v. Florida Dep't of Corr., 748 F.3d 1073, 1076 (11th Cir. -); cert. denied, 135 S.Ct. 1170 (2015). Because the answer received by petitioner was purportedly incomplete, the Court orders respondent to provide a complete copy of the answer to petitioner within twenty one days of the Court's order.

The Court will give petitioner sixty days from the date that he receives a complete copy of the answer to file a reply brief. Rule 5(e) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254 states that a habeas petitioner "may submit a reply to the respondent's answer or other pleading within a time fixed by the judge." See Baysdell v. Howes, 2005 WL 1838443, * 4 (E.D. Mich. August 1, 2005).

IT IS HEREBY ORDERED that respondent shall provide a complete copy of the answer to petitioner within twenty one (21) days of the Court's order.

IT IS FURTHER ORDERED That Petitioner shall have sixty (60) days from the date of the receipt of the full copy of the answer to file a traverse or reply brief.

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